Speech: The Hon. Stéphane Dion: Canadians Have a Right to their Charter

Five years ago, as Minister of Intergovernmental Affairs, I spoke at a conference marking the 20th anniversary of the Charter of Rights and Freedoms. I focused on the great success of the Charter in meeting the challenges of Canada’s rich diversity.

The Charter has protected and strengthened our democratic tradition. It has reflected the federal structure of our country. And it has respected the identity of Quebec.

Today, I remain immensely proud of Canada’s Charter – of what it has given this country; and of what this country, through the Charter, has given the world.

At its core, the Charter asserts that the equal treatment of every Canadian is the centerpiece of our democracy, and that those rights had been violated often enough in our past that it was no longer sufficient to rely on the goodwill of legislatures to protect them.

Canada needed the Charter, because legislatures had discriminated time and again against minorities – francophones, Japanese Canadians, religious groups; the list goes on. To critics of the Charter, I say this: give me an example of a bad court ruling, and I’ll give you twenty examples of bad decisions by legislatures.

The Charter is a landmark document for a simple reason: it shifted power from the state to individuals. It transcends political boundaries, and has helped improve one of the most successful multicultural, bilingual federations on the face of the planet.

The Charter has allowed us to find the right balance on the most vexing of issues: hate speech laws versus freedom of expression; affirmative action versus equality of opportunity; gay rights versus religious freedom.

The Charter has helped Canada navigate the complicated balance between rights and security, in an atmosphere charged with fear and political grandstanding.

The Charter has enabled us to enshrine minority and language rights in a country whose demographics demand both.

I’m proud to be leader of the party that, with Pierre Elliot Trudeau as Prime Minister and Jean Chrétien as Justice Minister, secured the Charter for the Canadian people.

But in the five years since we last met to celebrate this document, something has happened that demands our attention – a change in tone from the government of the day.

I notice that our current Minister of Intergovernmental Affairs will not be joining us this year, as I joined you five years ago, to discuss the wonderful complexities of the Charter. I notice that our current Justice Minister will not be joining us. And I notice that our current Prime Minister will not be joining us either.

Maybe somebody told him that Danny Williams was going to be here.

I think that every Canadian Prime Minister ought to make a point of publicly celebrating the Charter.

I cannot think of any other single document that has done so much to strengthen our Canadian identity. The Charter instructs us to strive, as a country, for the highest possible achievement: building a country in which the rights of every Canadian are equally respected.

Moreover, I can think of few Canadian documents that have done so much to contribute to the cause of human rights in the world. The Charter enhanced Canada’s reputation as a beacon of rights in a world that desperately needs such a beacon, helping to guide emerging democracies through the darker nights of their struggles.

The Charter can’t be changed without the consent of seven provinces representing fifty percent of Canadians. But it can be weakened, by a federal government not committed to keeping it accessible to the Canadian people.

And so I come back to our current Prime Minister. Last September, the Prime Minister eliminated two programs: the Law Commission, and the Court Challenges Program.

The official press release said that the funding for the former was being reduced (reduced to zero, it turned out), and that the funding for the latter was under review. These were euphemisms – as meaningless as the suggestion by the Prime Minister’s Office that he could not attend this conference due to “scheduling difficulties.”

With the elimination of the Law Commission, there remains no independent agency with the mandate and the ability to propose how we ought to adapt and improve our laws.

The elimination of the Court Challenges Program cuts even deeper, attacking an important tool with which Canadians can exercise and defend their Charter rights. Mounting a Charter challenge is tremendously expensive; the Court Challenges Program helped individuals and organizations cover that expense.

Minister John Baird said the government shouldn’t subsidize lawyers to challenge its own laws in court. I think any government afraid to have its own laws challenged in court ought to take a second look at the soundness of those laws. Regardless, the Court Challenges Program wasn’t about who wins and who loses; it was about making sure the process was accessible.

Stephen Harper’s decision to eliminate the Law Commission and the Court Challenges Program fits a broader pattern – a pattern of antagonism toward some of the basic precepts of our judicial system.

This is the same government that held a vote on reversing same-sex marriage – a position that the Courts of Appeal in eight provinces had already ruled unconstitutional. If a Prime Minister wishes to override the decisions of these courts, he ought to at least have the courage to be honest about it, and use the Notwithstanding Clause of the Charter.

This is the same government that abandoned the use of the “highly qualified” category in selecting judicial nominees. As a result, the government faces fewer restrictions in selecting judges based on partisan affiliation, rather than professional qualification.

And this is the same government that changed the make-up of judicial advisory committees, stacking the deck for the federal government and increasing the appearance of ideological influence in the selection of judges.

So, on this 25th anniversary of the Charter, I’m here to tell you what a Liberal government would do to make this document more accessible.

First, I will reinstate the Law Commission of Canada, and I will provide it with guaranteed funding that cannot be cut without the consent of Parliament. No more administrative tricks. If a future Prime Minister wants to eliminate the Commission as Mr. Harper has done, he will be forced to do so in the full light of day, by repealing the Law Commission of Canada Act.

Second, I will reinstate the Court Challenges Program, and I will double its funding from $5.6 million to $11.2 million. As the costs of Charter cases increase, so too must our willingness to assist with those costs. The protections guaranteed under the Charter are only as meaningful as the ability of Canadians to access those protections.

Third, I will institute a fair, non-partisan process to select the most highly qualified judges. And I will reverse the steps this government has taken to give itself majority control over that process.

Fourth, I will increase federal funding for legal aid in criminal cases, and I will return to a federal role in funding legal aid for civil cases. The protections under the Charter are only meaningful if they are accessible. Without access to adequate representation, too many Canadians watch hopelessly as their rights and freedoms go undefended.

In November 2005, at a meeting of federal, provincial and territorial justice ministers, Liberal Justice Minister Irwin Cotler, who is with us here today, received unanimous support for a proposal to implement comprehensive and sustainable funding for civil legal aid. The current government abandoned that proposal.

The federal government shouldn’t wait for a court to confirm what we know to be true: there is a constitutional right to civil legal aid. As Prime Minister, I will not rest until we reach an agreement with each province and each territory for stable, predictable and transparent funding for civil legal aid, from coast to coast to coast.

The Charter is so much more than a legal document. It defines where we want to go as a nation, and how we want others to see us. It’s a vision of what our country can and must strive for, a self-portrait of Canada that we want to make true.

The legacy of the Charter is too precious for us to remain indifferent to those who, through antagonism or neglect, would seek to undermine it. There are still battles to be fought. There are still rights to be won.

A Liberal government will steadfastly support the Charter, and we will continue to strive for the vision of Canada it lays out – a vision in which the rights of every Canadian are respected equally.

Five years from now, we can gather here again, to celebrate the continuing triumph of this singular Canadian achievement. And when that day comes, let me tell you, the Prime Minister will be in the room.

Thank you.